Roger T. Creager has published an article entitled, “The ‘Peer Review Privilege’ Should Not Shelter Hospital Policies and Procedures From Discovery,” in the Spring 2008 issue of the Virginia State Bar’s Litigation News.
In medical malpractice actions, doctors, hospitals, and other healthcare providers frequently argue that even though they were governed by written medical protocols, policies, and procedures when they provided services, the lawyers for persons injured as a result of their medical malpractice should be denied access to those protocols, policies, and procedures. This argument is especially unfair since the lawyers for the doctors, hospitals, and other healthcare providers have full access to those protocols, policies, and procedures.
Mr. Creager’s new article provides an in-depth study of this issue. He writes: “This article argues that the courts that have applied the statutory privilege to insulate hospital polices and procedures from discovery should reconsider their holdings in view of the flawed and incomplete reasoning of the case law applying the privilege and also because of more recent Virginia Supreme Court authority and legislative developments.” His article cites extensive legal authorities on the subject.